1767-S AMS CFC S2636.2

SHB 1767 - S COMM AMD

By Committee on Children & Family Services & Corrections

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature intends to authorize the performance of forensic competency examinations conducted by the department of social and health services by a single examiner in a local jail or detention or correctional facility or out of custody. A forensic competency examination performed either in a jail or detention or correctional facility or in an appropriate community setting by one examiner is more cost-effective and can lead to a shorter total period of detention. Public health, safety, and welfare are promoted when defendants are detained in the jail or can be released to an appropriate community setting rather than placed in a mental health facility where vulnerable persons are being treated.

Sec. 2. RCW 10.77.060 and 2000 c 74 s 1 are each amended to read as follows:

(1)(a) Whenever there is reason to doubt the competency of a defendant who is not charged with a most serious offense, as defined in RCW 9.94A.030, the court on its own motion or on the motion of any party shall request the secretary to designate a qualified expert or professional person to examine, in a local jail or detention or correctional facility or in an appropriate community setting, and report upon the mental condition of the defendant. The designated expert or professional person shall be a developmental disabilities professional if the court is provided evidence by any party that the defendant may be developmentally disabled. The report of the results of the examination, in a local jail or detention or correctional facility or in an appropriate community setting, shall be submitted to the court within fifteen days of the expert or professional person receiving the order of the court, charging documents, and the relevant discovery materials. If clinically necessary and requested by the designated expert or professional person, the court may order the defendant committed to a hospital or other suitably secure public or private mental health facility for a period of time necessary to complete the examination, but not to exceed fifteen days from the time of admission to the facility.

(b) Whenever a defendant has pleaded not guilty by reason of insanity pursuant to RCW 10.77.030, or a defendant has been charged with a most serious offense, as defined by RCW 9.94A.030, and there is reason to doubt his or her competency, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate at least two qualified experts or professional persons, one of whom shall be approved by the prosecuting attorney, to examine and report upon the mental condition of the defendant. Upon agreement of the parties, the court may designate one expert or professional person to conduct the examination in a jail or detention or correctional facility or in an appropriate community setting and report on the mental condition of the defendant. At least one of the experts or professional persons appointed shall be a developmental disabilities professional if the court is ((advised)) provided evidence by any party that the defendant may be developmentally disabled. For purposes of the examination, the court may order the defendant committed to a hospital or other suitably secure public or private mental health facility for a period of time necessary to complete the examination, but not to exceed fifteen days from the time of admission to the facility.

(((b))) (c) When a defendant is ordered to be examined or committed for inpatient examination under this subsection (1), the court may delay granting bail until the defendant has been ((evaluated)) examined for competency or sanity and appears before the court. Following the ((evaluation)) examination, in determining bail the court shall consider: (i) Recommendations of the expert or professional persons regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.

(2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the examination authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons. The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) or (4) of this section. If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person.

(3) The report of the examination regarding competency must include the following:

(a) A description of the nature of the examination;

(b) A diagnosis of the mental condition of the defendant;

(d) An opinion as to whether the defendant should be evaluated by a county designated mental health professional under chapter 71.05 RCW, and an opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

(4) The report of the examination regarding sanity shall include the following:

(a) A description of the nature of the examination;

(b) A diagnosis of the mental condition of the defendant;

(c) ((If the defendant suffers from a mental disease or defect, or is developmentally disabled, an opinion as to competency;

(d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.030,)) An opinion as to the defendant's sanity at the time of the act;

(((e))) (d) When directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;

(((f))) (e) An opinion as to whether the defendant should be evaluated by a county designated mental health professional under chapter 71.05 RCW, and an opinion as to whether the defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

(((4))) (5) The secretary may execute such agreements as appropriate and necessary to implement this section."

SHB 1767 - S COMM AMD

By Committee on Children & Family Services & Corrections

On page 1, line 1 of the title, after "competency" strike the remainder of the title and insert "and sanity examinations; amending RCW 10.77.060; and creating a new section."

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